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Home My WebLink AboutAGENDA REPORT 2023 0621 CCSA REG ITEM 10JCITY OF MOORPARK, CALIFORNIA City Council Meeting of June 21, 2023 ACTION APPROVED STAFF RECOMMENDATION. BY A. Hurtado. J. Consider Approving Amendment No. 4 to East County Transit Alliance Fiscal Agent Agreement for InterCity Americans with Disabilities (ADA) and Senior Dial- A-Ride Services. Staff Recommendation: Authorize the City Manager to sign Amendment No. 4 to the East County Transit Alliance Fiscal Agent Agreement for InterCity ADA and Senior Dial-A-Ride Services subject to final language approval by the City Manager. (Staff: Michelle Woomer, Management Analyst) Item: 10.J. MOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council FROM: Michelle Woomer, Management Analyst DATE: 06/21/2023 Regular Meeting SUBJECT: Consider Approving Amendment No. 4 to East County Transit Alliance Fiscal Agent Agreement for InterCity Americans with Disabilities (ADA) and Senior Dial-A-Ride Services BACKGROUND On July 1, 2015, the City Council approved the East County Transit Alliance (ECTA) Fiscal Agent Agreement for InterCity Americans with Disability Act (ADA) and Senior Dial- A-Ride Services (ECTA Agreement). The ECTA Agreement is a cost sharing agreement between the Cities of Moorpark, Thousand Oaks, Simi Valley, Agoura Hills and the County of Ventura for InterCity ADA and Senior DAR services, with Thousand Oaks serving as the Fiscal Agent. For almost eight years, Thousand Oaks has been responsible for contracting and administering the ECTA program. Since the original agreement was established with Thousand Oaks in 2015, there have been three amendments. The first amendment approved by City Council on June 15, 2016, was for an increase of the per-ride fee charged by Thousand Oaks in order for them to recover all costs associated with providing service to all the participating agencies. The second amendment was approved on June 20, 2018, to add Saturday service and expand the service area to the City of Agoura Hills. The third amendment approved on June 19, 2019, was for a fare increase from $5 to the current ECTA fare of $6 per trip and recognizing new Thousand Oaks contract with MV Transportation (MV Transit) to continue as operators for the InterCity ADA and Senior DAR service. On June 25, 2019, Moorpark entered into a new intergovernmental agreement with Thousand Oaks to continue providing fixed route operations, fixed route preventative maintenance, local DAR services, as well as to continue as the fiscal agent for the ECTA InterCity ADA and Senior DAR services. The agreement provided an option to exercise two, two-year agreement extensions with Thousand Oaks. The proposed fourth amendment to the agreement extends Thousand Oaks contract to June 30, 2025, and includes a revised schedule of fees (Attachment 1). Item: 10.J. 361 Honorable City Council 06/21/2023 Regular Meeting Page 2 DISCUSSION The ECTA Amendment No. 4 (Attachment 1) continues the existing InterCity DAR program, with a new MV Transit hourly billing rate of $117.10 for year one of contract extension (July 1, 2023 – June 30, 2024). This proposed rate which was negotiated by Thousand Oaks is a 14.6% increase in MV Transit base rate. The increased hourly rate was necessary to have increased wages for the operators, which will help attract and retain qualified drivers and remain competitive with other local operators. Contract extension year two (July 1, 2024 – June 30, 2025) will be the year one rate plus Consumer Price Index (CPI) adjustment of not less than three and not more than five percent. If the CPI formula is negative, then the existing hourly rate will remain the same for year two extension of the agreement. Revised management fees of $96,874 charged by Thousand Oaks is also included in this amendment. This fee is nearly 20% decreased from the prior agreement. The reduction is based on recalculation of staff costs and a 45% negotiated reduction in Trapeze software cost. Trapeze is a software utilized for the DAR program for client registration, trip booking, scheduling and dispatching. The overall suggested budget by Thousand Oaks for ECTA service for Fiscal Year 2023/24 is $930,843, which will be divided among the Cities of Moorpark, Thousand Oaks, Simi Valley, Agoura Hills, and the County of Ventura. The amount paid by each agency is determined by how many rides are provided for residents of the specific agency. Staff is recommending that the City Council approve Amendment No. 4 to the East County Transit Alliance Fiscal Agent Agreement for InterCity ADA and Senior Dial-A-Ride Services. Approval of Amendment No. 4 will extend Moorpark’s agreement with Thousand Oaks for InterCity ADA and DAR services an additional two-years to June 30, 2025, as allowed by contract; and approve the new schedule of fees. ENVIRONMENTAL DETERMINATION This action is exempt from the California Environmental Quality Act (CEQA) as it does not constitute a project, as defined by Section 15378 of the State CEQA Guidelines. Therefore, no environmental review is required. FISCAL IMPACT The ECTA Fiscal Agent Agreement calculates all expenses associated with providing InterCity ADA and DAR services; and those expenses are shared between all participating agencies based on ridership participation and a program budget adopted by the ECTA Management Committee. COUNCIL GOAL COMPLIANCE This action does not support a current strategic directive. 362 Honorable City Council 06/21/2023 Regular Meeting Page 3 STAFF RECOMMENDATION Authorize the City Manager to sign Amendment No. 4 to the East County Transit Alliance Fiscal Agent Agreement for InterCity ADA and Senior Dial-A-Ride Services subject to final language approval by the City Manager. Attachment: Amendment No. 4 to East County Transit Alliance Fiscal Agent Agreement for InterCity ADA and Dial-A-Ride Services 363 DPW 940-25\mh\ev\Council\2023\062023\Agency Amendments and Agreements for Transit Services Att #7.docx Page 1 Project Name: Fiscal Agent Agreement FOURTH AMENDMENT TO FISCAL AGENT AGREEMENT FOR INTERCITY DIAL-A-RIDE SERVICES BETWEEN CITY OF THOUSAND OAKS AND THE PARTICIPATING AGENCIES OF THE EAST COUNTY TRANSIT ALLIANCE CONSISTING OF THE CITIES OF MOORPARK, SIMI VALLEY, AND COUNTY OF VENTURA Contract No. 10953-2015 This FOURTH AMENDMENT to the Agreement for InterCity Dial-A-Ride (DAR) services, entered into between CITY OF THOUSAND OAKS, a municipal corporation, (hereinafter “City”) and PARTICIPATING AGENCIES OF THE EAST COUNTY TRANSIT ALLIANCE (hereinafter “Agencies”), dated June 9, 2015 (hereinafter “Contract”), and as amended on July 12, 2016, June 19, 2018, and June 25, 2019, is made and entered into this 20th day of June 2023. RECITALS A.With the Third Amendment to the Contract, the parties expressed an intention for the Contract to run concurrently with the City’s contract for Transit Operations Services with MV Transportation, Inc. (“Contractor”), Contract 12072-2019 (“Base Contract”). B.Base Contract was for a four-year period ending June 30, 2023, and permits up to two, two-year extensions. C.As allowed by contract, the City and Contractor have mutually agreed to extend the Base Contract by two years to June 30, 2025. D.Increased wages and labor market forces have impacted the local labor market and existing contract specified wages are below current market for similar agencies and positions. E.To remain competitive with other local operators and attract qualified staff, Contractor needs to increase wages, at increased cost to the Contractor, resulting in rates higher than approved in Third Amendment. F.In addition, the parties have revised the billing method for Management Fees and are in need of memorializing those changes. ATTACHMENT 364 DPW 940-25\mh\ev\Council\2023\062023\Agency Amendments and Agreements for Transit Services Att #7.docx Page 2 G. City and Agencies wish to make the above referenced amendments to the Contract while keeping all other terms intact. AGREEMENT TO AMEND NOW, THEREFORE, the undersigned parties to Contract agree to amend Contract as described below: Part 1. The City and Agencies agree to extend Contract 10935-2015 as amended for two years to reflect a new termination date of June 30, 2025. Part 2. Exhibit C-1, Schedule of Fees, is hereby replaced with a new Exhibit C-2, Revised Schedule of Fees, attached hereto and incorporated herein by reference. Part 3. Exhibit D, Section 3(a) Maximum Rate, CPI calculation, a new sentence at the end of the paragraph is added as follows: Year One of the first contract extension, no CPI adjustment. Year Two of the first contract extension, CPI adjustment shall not be less than three percent but shall not exceed five percent using the described calculation method above. Part 4. All terms used in Parts 1, 2, and 3 above shall have the meanings ascribed thereto in Contract. Except as amended in Parts 1, 2, and 3 above, all other sections, terms, obligations, duties, clauses, and provisions of Contract as written and previously amended, shall remain the same. IN WITNESS WHEREOF, the parties execute this Fourth Amendment to Contract as of the date set forth above. Signatures on following pages 365 DPW 940-25\mh\ev\Council\2023\062023\Agency Amendments and Agreements for Transit Services Att #7.docx Page 3 CITY OF THOUSAND OAKS Kevin McNamee, Mayor City of Thousand Oaks, California ATTEST: Laura B. Maguire, City Clerk APPROVED AS TO ADMINISTRATION: Andrew P. Powers, City Manager APPROVED BY DEPARTMENT HEAD: Clifford G. Finley, Public Works Director APPROVED AS TO FORM: Office of the City Attorney Tracy Friedl, Assistant City Attorney 366 DPW 940-25\mh\ev\Council\2023\062023\Agency Amendments and Agreements for Transit Services Att #7.docx Page 4 CITY OF MOORPARK Date: ________________________ By: ________________________ Chris R. Enegren, Mayor APPROVED AS TO ADMINISTRATION By: ________________________ Troy Brown, City Manager ATTEST: By: ________________________ Ky Spangler, City Clerk 367 DPW 940-25\mh\ev\Council\2023\062023\Agency Amendments and Agreements for Transit Services Att #7.docx Page 5 CITY OF SIMI VALLEY City of Simi Valley, A Municipal Corporation Attest: _________________________ By:_____________________________ Lucy Blanco, City Clerk Fred D. Thomas, Mayor of the City of Simi Valley, California Approved as to Form: _________________________ David L. Caceres, City Attorney Approved as to Content: _________________________ Brian G. Gabler, City Manager _________________________ Deputy Director/Support Services _________________________ Ron K. Fuchiwaki, Director Department of Public Works 368 DPW 940-25\mh\ev\Council\2023\062023\Agency Amendments and Agreements for Transit Services Att #7.docx Page 6 COUNTY OF VENTURA _____________________________ , Chair Board of Supervisors County of Ventura ATTEST: , Clerk of the Board of Supervisors County of Ventura, State of California By: __________________________ Deputy Clerk of the Board 369 DPW 940-25\mh\ev\Council\2023\062023\Agency Amendments and Agreements for Transit Services Att #7.docx Page 7 EXHIBIT C-1 REVISED SCHEDULE OF FEES Billing shall be calculated on a “per-ride” basis based on a revenue hour calculation according to National Transportation Database definition of “revenue hour” as exists on July 1, 2019. In addition to revenue hour expenses, City shall bill for proportional costs of fuel, vehicle leases, and vehicle maintenance. Separately, the City shall bill an annual “Management Fee” (see below). Additionally, bonus payments of up to two percent of revenue hour billings may be earned by contractor for exceptional service. Bonus payment earned by contractor will be billed by City to County at the rate earned, 0.5 – 2.0 percent, on the same proportional basis as billing, as a separate line item. Contract Extension Year One (July 1, 2023 – June 30, 2024): $117.10 - MV billing rate per revenue hour Contract Extension Year Two (July 1, 2024 – June 30, 2025): Year one rate plus CPI adjustment of not less than three and not more than five percent. The number of billed rides shall be determined by taking the total number of rides performed (on a per-person basis, regardless of fare type) for ECTA InterCity Dial- a-Ride services in a month and applying the number of rides to each individual agency’s portion of total rides provided. For “other” rides, which are those rides not assignable to any specific agency, each agency shall share the ride costs equally (quarters). Any applicable grant offsets shall be applied on a per ride basis as billed, until grant funding is exhausted. Each agency shall pay in the same proportion as rides for vehicle leases, maintenance, and fuel as for revenue hours as a separate charge for each item. Any applicable grant offsets shall be applied in 12 equal credits, applied on a calendar year basis, until grant funding is exhausted. Costs for fuel, vehicles leases, and maintenance shall be at “billed” charges by the contractor and/or the City’s Fleet Division including all usual and customary markups paid by the transit program. City shall charge an annual Management Fee. Management Fee shall consist of wage and benefit charges for staff management and billing, proportional shares of Maintenance and Operations costs at the Transportation Center and Municipal Service Center, Cost Allocation expenses, and Trapeze Software expenses, billed on a proportional basis by ridership. Expenses shall be specific to Fund 121, Project 5550 (ECTA), or where applicable in Fund 651, Project 5550 (TOT DAR). 370 DPW 940-25\mh\ev\Council\2023\062023\Agency Amendments and Agreements for Transit Services Att #7.docx Page 8 Billing of Management Fees will be done at fiscal year-end, as part of June invoicing. Costs are estimated only and are subject to change. Should the expected year-end costs exceed twenty percent of the estimate below, ECTA Management Committee shall be notified by City as soon as reasonably practical. Management Fees - FY 23-24 (estimated) Rate Quantity Unit Total Cost Senior Transit Analyst (2.5% FTE) $ 86.67 26 Hours $ 4,506.84 Assistant Transit Planner (5.0% FTE) $ 58.18 104 Hours $ 3,025.36 Accounting Specialist (5.0% FTE) $ 53.60 104 Hours $ 5,574.40 Maintenance & Operations (TOTC) $155,271 11.34% - $17,607.73 Cost Allocation/Insurance (ECTA) $ 53,580 - - $53,580.00 Trapeze Expenses $ 44,961 21.25% - $ 9,554.21 Ancillary Charges (Brochures, etc.) $ 1,500 $ 1,500.00 Staff and Direct Costs $95,348.54 In the event Liquidated Damages are levied for failure to meet required Performance Measures, Agencies shall be entitled to a credit on their next monthly invoice equal to their proportional share the Liquidated Damages levied and collected by the City. 371